| (a) The following types of Multifamily Housing Developments
must comply with the construction standards of §504 of the Rehabilitation
Act of 1973, as further defined through the Uniform Federal Accessibility
Standards (UFAS):
(1) New construction and reconstruction HOME and NSP
Multifamily Housing Developments that began construction before March
12, 2012;
(2) Rehabilitation HOME and NSP Multifamily Housing
Developments that submitted a full application for funding before
January 1, 2014; and
(3) All Housing Tax Credit and Tax Exempt Bond Developments
that were awarded after September 1, 2001, and submitted a full application
before January 1, 2014.
(b) The following types of Multifamily Housing Developments
must comply with the construction requirements of 2010 ADA standards
with the exceptions listed in "Nondiscrimination on the Basis of Disability
in Federally Assisted Programs and Activities" 79 Federal Register 29671 and not otherwise
modified in this subchapter:
(1) New construction and reconstruction HOME and NSP
Multifamily Housing Developments that began construction after March
12, 2012; and
(2) All Multifamily Housing Developments that submit
a full application for funding after January 1, 2014.
(c) Recipients of CDBG, CDBG-CV, ESG, EH, HHSP, and
HOME-ARP (for Non-Congregate Shelter) funds must comply with the 2010
ADA Standards with the exceptions listed in "Nondiscrimination on
the Basis of Disability in Federally Assisted Programs and Activities"
79 Federal Register 29671 and not
otherwise modified in this subchapter.
(d) Effect on LURAs. These rules do not serve to amend
contractual undertakings memorialized in a recorded LURA but may,
by operation of law, place requirements on a property owner beyond
those contained in the LURA.
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